42 U.S. Code § 5121 - Congressional findings and declarations

(1)because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and

(2)because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;

special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.

(b)It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—

(1)revising and broadening the scope of existing disaster relief programs;

(2)encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Pub. L. 109–139, § 1,Dec. 22, 2005, 119 Stat. 2649, provided that: “This Act [amending section
5133 of this title and provisions set out as a note under this section] may be cited as the ‘Predisaster Mitigation Program Reauthorization Act of 2005’.”

Pub. L. 103–181, § 1,Dec. 3, 1993, 107 Stat. 2054, provided that: “This Act [amending section
5170c of this title and enacting provisions set out as notes under sections
4601 and
5170c of this title] may be cited as the ‘Hazard Mitigation and Relocation Assistance Act of 1993’.”

Pub. L. 93–288, § 1,May 22, 1974, 88 Stat. 143, as amended by Pub. L. 100–707, title I, § 102(a),Nov. 23, 1988, 102 Stat. 4689; Pub. L. 106–390, title III, § 301,Oct. 30, 2000, 114 Stat. 1572, provided: “That this Act [enacting this section, sections
3231 to
3236,
5122,
5131,
5132,
5141 to
5158,
5171 to
5189,
5201, and
5202 of this title, and section 1264 of former Title 31, Money and Finance, amending sections
1706c,
1709,
1715l of Title
12, Banks and Banking, sections
241–1,
646,
758 of Title
20, Education, sections
165,
5064,
5708 of Title
26, Internal Revenue Code, section
1820 [now 3720] of Title 38, Veterans’ Benefits, section 461 of former Title 40, Public Buildings, Property, and Works, repealing sections
4401,
4402,
4411 to
4413,
4414 to
4420,
4431 to
4436,
4457 to
4462,
4481 to
4485 of this title, enacting provisions set out as notes under this section, sections
4401 and
5178 of this title, and section 1264 of former Title 31, and amending provisions set out as a note under section
1681 of Title
48, Territories and Insular Possessions] may be cited as the ‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’.”

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section
315(a)(1) of Title
6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section
313(1) andsections
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.

Delegation of Functions

Functions of the President under the Disaster Relief Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note under section
5195 of this title.

References to Disaster Relief Act of 1974

Pub. L. 100–707, title I, § 102(b),Nov. 23, 1988, 102 Stat. 4689, provided that: “Whenever any reference is made in any law (other than this Act [see Tables for classification]), regulation, document, rule, record, or other paper of the United States to a section or provision of the Disaster Relief Act of 1974 [former short title of Pub. L. 93–288], such reference shall be deemed to be a reference to such section or provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. 93–288, see Short Title note above].”

References to Disaster Relief Act of 1970

Pub. L. 93–288, title VII, § 702(m), formerly title VI, § 602(m),May 22, 1974, 88 Stat. 164, as renumbered by Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2),Oct. 5, 1994, 108 Stat. 3100, provided that: “Whenever reference is made in any provision of law (other than this Act [see Short Title note set out above]), regulation, rule, record, or documents of the United States to provisions of the Disaster Relief Act of 1970 (84 Stat. 1744), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act.”

Report on State Management of Small Disasters Initiative

Pub. L. 106–390, title II, § 208,Oct. 30, 2000, 114 Stat. 1571, provided that: “Not later than 3 years after the date of the enactment of this Act [Oct. 30, 2000], the President shall submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including—

“(1) identification of any administrative or financial benefits of the initiative; and

“(2) recommendations concerning the conditions, if any, under which States should be allowed the option to administer parts of the assistance program under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).”

Study Regarding Cost Reduction

Pub. L. 106–390, title II, § 209,Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3,Dec. 22, 2005, 119 Stat. 2649, provided that: “Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].”

Study of Participation by Indian Tribes in Emergency Management

Pub. L. 106–390, title III, § 308,Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participation by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000.

National Drought Policy

Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753,Oct. 22, 1999, 113 Stat. 1170, known as the “National Drought Policy Act of 1998”, established the National Drought Policy Commission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report.

Pub. L. 100–707, title I, § 110,Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal relationships that exist among Federal, State, and local major disaster and emergency management officials, including provisions which would decrease the amount of time for processing requests for major disaster and emergency declarations and providing Federal assistance for major disasters and emergencies, provide for more effective utilization of State and local resources in relief efforts, and improve the timeliness of reimbursement.

Declared Disasters and Emergencies Not Affected

Pub. L. 100–707, title I, § 112,Nov. 23, 1988, 102 Stat. 4711, provided that: “This title [see Short Title of 1988 Amendment note above] shall not affect the administration of any assistance for a major disaster or emergency declared by the President before the date of the enactment of this Act [Nov. 23, 1988].”

Executive Order No. 11749

Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which related to consolidation of functions assigned to Secretary of Housing and Urban Development, was revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out as a note under section
5195 of this title.

By virtue of the authority vested in me by the Disaster Relief Act of 1974 (Public Law 93–288; 88 Stat. 143) [see References to Disaster Relief Act of 1974 note above], section
301 of title
3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows:

Sec. 3. The Secretary of Agriculture is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 412 of the act [section
5179 of this title] concerning food coupons and distribution.

[References to a “coupon” provided under the Food and Nutrition Act of 2008 considered to refer to a “benefit” under that Act, see section 4115(d) ofPub. L. 110–246, set out as a note under section
2012 of Title
7, Agriculture.]

Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction

For provisions relating to seismic safety requirements for new construction or total replacement of a building under this chapter after a presidentially declared major disaster or emergency, see Ex. Ord. No. 12699, Jan. 5, 1990, 55 F.R. 835, set out as a note under section
7704 of this title.